As to the allegations in paragraph 1, Defendants admit that on December 31, 2010

Cleveland Police Officers Michael Chapman and Belal Ilain stopped Rodney Brown for a trafficviolation; and admit that Rodney Brown is deceased. Further answering, Defendants state thatRodney Brown led the defendant officers into a prolonged and vigorous struggle where Brownrefused to be detained or subdued and pulled out a knife. Brown was eventually subduedthrough the collective effort of eight police officers, six who arrived as backup during thestruggle. Brown was handcuffed and placed in the zone car. When EMS arrived shortlythereafter, responders discovered that Brown was experiencing a heart attack. Defendants denythe use of excessive force. To the extent the allegations do not assert facts, Defendants denysame. Defendants deny all remaining allegations.

II. JURISDICTION2.

Defendants admit the allegations in paragraph 2 to the extent they refer to jurisdiction

over causes of action. Defendants deny all remaining allegations.

3.

Defendants admit the allegations in paragraphs 3 and 4.

III.

4.

THE PARTIES

Defendants incorporate by reference their responses to all preceding paragraphs as if

fully rewritten here.

5.

Defendants deny the allegations in paragraph 5 for lack of information or knowledge.

6.

Defendants admit the allegations in paragraph 6 and 7.

7.

Defendants deny the allegations in paragraph 8 for lack of information or knowledge.

IV.

8.

FACTS

Defendants incorporate by reference their responses to all preceding paragraphs as if

fully rewritten here.

9.

Defendants deny the allegations in paragraph 9 in regards to Rodney Browns

destination on December 31, 2010 for lack of information or knowledge. Defendants admit allremaining allegations.10.

Defendants admit all allegations in paragraphs 10 13.

11.

Defendants admit the allegations in paragraphs 14 that the officers told Rodney Brown

to place his hands on the car and that Mr. Brown did so. Defendants deny all remainingallegations.12.

Defendants deny the allegations in paragraphs 15 16.

13.

Defendants admit the allegation in paragraph 17 to the extent they refer to action taken

by these Answering Defendant. Defendants deny all remaining allegations.

49655

14.

Defendants admit the allegation in paragraph 18 that during the prolonged struggle

while Rodney Brown was wrestling and punching the officers and refusing to permit himself tobe handcuffed, and while the officers are yelling at Brown to stop resisting, Brown yelled thathe could not breathe. Defendants deny the remaining allegations.15.

Defendants deny the allegation in paragraph 19 for lack of information or knowledge.

16.

Defendants admit the allegations in paragraph 20.

17.

Defendants deny the allegations in paragraphs 21 24.

V. FIRST CAUSE OF ACTION CLAIM FOR EXCESSIVE FORCE 1983

18.

Defendants incorporate by reference their responses to all preceding paragraphs as if

fully rewritten here.

19.

Defendants deny the allegations in paragraph 25.

VI. SECOND CLAIM ASSAULT AND BATTERY

20.

Defendants incorporate by reference their responses to all preceding paragraphs as if

fully rewritten here.

21.

Defendants deny the allegations in paragraph 26.

VII. THIRD CAUSE OF ACTION WRONGFUL DEATH

22.

Defendants incorporate by reference their responses to all preceding paragraphs as if

fully rewritten here.

23.

Defendants deny the allegations in paragraph 27.

VIII. PRAYER FOR RELIEF

24.

To the extent the allegations in this paragraph assert facts, Defendants deny same. The

remaining allegations do not assert facts and Defendants deny same.

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AFFIRMATIVE AND ADDITIONAL DEFENSES

1.

The Complaint fails to state a claim upon which relief can be granted.

Intervening, superseding cause.

Defendants at all times acted reasonably, in good faith, and with probable cause.

8.

The performance of Defendants duties violated no duty to Plaintiff.

Defendants Michael Chapman and Belal Ilain reserve the right to file Amended Answers

and Affirmative Defenses as required during investigation and discovery and as other partiesindispensable to this action are identified during the same.

JURY DEMANDDefendants Michael Chapman and Belal Ilain demand trial by jury in the maximumnumber of jurors permitted by law for each claim and cause of action in this Complaint.s/ Amy E. Marquit RenwaldAMY E. MARQUIT RENWALDCounsel for Defendants Michael Chapmanand Belal Ilain

WHEREFORE, Defendants Michael Chapman and Belal Ilain respectfully pray thatPlaintiffs Complaint be dismissed with prejudice and that the Court enter judgment in theirfavor, and that it grant Defendants their costs and attorneys fees, and such other relief as theCourt may deem just.

CERTIFICATE OF SERVICEThe undersigned certifies that the foregoing was filed electronically on September 2,2011. Notice of this filing will be sent to all parties by operation of the Courts electronic filingsystem. Parties may access this filing through the Courts systems/ Amy E. Marquit RenwaldAMY E. MARQUIT RENWALD (0074279)Counsel for Defendants Michael Chapmanand Belal Ilain